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Three Issues in Law Department Talent Management
A key element to in a successful law department is management of in-house legal talent. By the term 'talent management,' we mean all the methods available to general counsel for training, mentoring, coaching, motivating and directing in-house lawyers. This article, the first in a series of three, is based on consulting projects and research Hildebrandt International has conducted with a number of leading law departments. This article will describe the top three issues law departments have with talent management, and more importantly, will show some of the techniques now employed by general counsel for coping with them. The second part of the series will describe three progressive practices in the arena of talent management, and the series will close with a foray into three controversial practices. Taken together, the series will survey law department talent management ' its major issues, newer practices and difficult decisions.
The Graying of Law Departments
The first issue is the phenomenon we refer to as the 'graying' of law departments. For several years, many law departments have remained approximately the same size, with their incumbent lawyers becoming more senior, yet doing essentially the same work. Aging law departments bring with them a set of challenges for talent managers. Senior lawyers are often very good in a certain field of law, performing legal tasks the way and at about the same level as they have for years. There's a comfort zone that they've achieved in their level of expertise, and unless challenged to become more efficient or learn new areas, the benefits derived from increasing compensation based on years of service diminish over time. It's particularly difficult because these lawyers see their peers in private practice earning increasingly higher levels of compensation as they move into senior partnership positions. The answer of many law departments is training their lawyers, investing in technological tools that increase their productivity, and using outside counsel more for commodity work. Just because they're senior doesn't mean that they aren't subject to some of the same kinds of training that many of the junior lawyers need for career development.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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Legal Possession: What Does It Mean?
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The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?